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hereby for themselves, and their respective heirs, executors and administrators, covenant and grant, That lie fall and may henceforth forever, peaceably and quietly have, hold, use, occupy, poffess and enjoy the same, free and discharged of all right, title, interest, claim and demand whatsoever, of them or either of them, or of their heirs or assigns, or of any perfon or persons claiming from, by or under them, or any of them.
In witness whereof, the said A. B. C. D. E. F. and G. H. (and also M. B. wife of the faid A. B. and H. F. wife of the said E. F. or as the case may be, in token of their free consent hereto) have hereunto interchangeably. set their hands and seals, the day and year above written.
Another between three Copartners, Cobeiresses, T
HIS indenture of three parts made,&c. between A.B.of,
&c. one of the daughters of G. B. Jate of, &c deceased, of the one part, C. B. of, &c. another of the daughters of the faid G. B. deceased, of the second part, and D. B. of, &c. also another of the daughters of the said G. B. deceased, of the third part.
Whereas the said G. B. late father ofthe faid A. B. C. B. and D. B. died seized in his deniefne as of fee, of and in all those mefuages, &c. without leaving behind him any male heir of his body lawfully begotten, or making any difpofition of the said premises or any part thereof, whereby and by which means, all and singular the said mes. suages, &c. and other the real estate of the said G. B. de. ceased, are descended and come unto the faid A. B. C. B. and I). B. his faid daughters : Now this indenlure witneeth, That the said A B. C. B. and D. B. have made partition, and by these presents do make a full, perfect and abfoJute partition of the faid meffuages, &c. to and amongit them the laid A. B, C. B. and D. B. in three parts, in manner and form following, (that is to fay, that the the said A. B. her heirs and air ces shall have, hold and enjoy, to the only proper use and behoof of the said X. B. her Heirs and aligns forever; All that mefiuage, &c. for the full part, share and proportion of her the faid A. B. of, in, and to all and every the mesfuages, &c. hereditaments and premises abovementioned, fo descended unto them the said A. B. C. B.- and D. B. as aforesaid ; and that the said
C. B. her heirs and assigns, shall have, hold, and enjoy, to the only proper use and behoof of the frid C. B. hci beirs and afligns forever, All that messuage, &c. for the full part, share and proportion of her the fand C. B. ci, in and to all and every the faid mesluages, &c. lo descended unto them the faid A. B. C. B. and D. B. as aforesaid ; and that the said D. B. her heirs and assigns, shall have, hold and enjoy, to the only proper use and behoof of the frid D. B. her heirs and alligns forever, All that meffuage, &c. for the full part, share and proportion of her the faid D. 'B. of, in, and to all and every the said messuages, &c. fo descended to the said A. B. C. B. and D. B. as aforesaid. And the said C. B. and D. B. do, and each of them doth, by theie prefents, grant, assign, releafe and confirm unto the faid A. B. her heirs and alligns, the said mesfuage, &c. fo as afore. said, agreed to be held, às aforesaid, as her full Ahare or proportion of the premises above mentioned and defcended, as aforesaid, to the said A. B. C. B. and D. B. and all the estate, right, title, interest, claini; challenge, and deman:! whatsoever of them the said C. B. and D. B. of, in, or to the said mesfuage above mentioned, and hereby released to the said A. B. as aforesaid ; To have and to hold the said mesfuage, &c. with the appurtenances hereby released and confirmed, or mentioned, or intended fo to be, unto the faid A. B. her heirs and assigns to the only proper use and behoof of her the faid A. B. her heirs and assigns, in severalty forerer. And the said A. B. and D. B. do, &c. (Here insert the like grant from them to C: B.) And the Said A. B. and C. B. do (the like with the former must be made to D. B.) And the faid C B. and D. B. do severally and apart, and not join:ly, and for their several and repective keirs, executors and administrators, covenant, grant, and agree, to and with the said A. B. her heirs and alligns, that she the süd A. B. her heirs and affı yns shall and may from henceforth forever hereafter, peaceabiy and quietly have, hold, occupy, possess and injoy the said mesfuage, &c. fo alloited and released to her the faid A. B fór hier part or share, as aforesaid, free, &c. (liere go on with the covenant for quiet enjoymest, and likewise with that for further asurance, whicb two covenants mus be repeated reciprocally, as before is done in the granting part:
See the form of those covenants in a conveyance by release.) In witness, &c.
DEFEASANCE is an instrument making a deed,
executed before and made absolute on certain condi. tions void, Co. Lit. 236 ; but it is now feldom used that way; a proviso in the deed itself as in mortgages, &c. fufficiently answering the ends of a defeafance. Obligations, recognizinces judgments, &c. are most commonly the subject matter of these initruments.
A Defeasance of a Bond and Judgment.
HIS indenture made between A. B. of TuS indenture made
of the one part, and C. D. of of the other part. Wherear the said C. D. in and by one bond or obligation, bearing date doth stand firmly bound unto the faid A. B. in the penal fam of conditioned for the payment of the firm of
as in and by the said in part recited bond or obligation, with the condition there underwritten, may inore fully appear :
And whereas the faid A. B. as a collateral or further security for the payment of the said sum of
according to the tenor of the faid in part recited bond or obligation in term last, in the court of
obtained and recov. ered against the said C. D. one judgment of debt, be. fides costs of suit, as by the records of the said court appear: eth ; Now this indenture witnesseth, That it is agreed by and between ihe said parties to these presents, and the said A. B. doth for himself, his heirs, executors and administrators, covo enant, grant, promise and agree, to and with the said C. D. his executors and administrators by these presents, that if the said C. D. his heirs, executors or administrators shall welli and truly pay or cause to be paid unto the said A. B. his executors, administrators or asfigos, the aforesaid süm of at the days and times above mentioned, in discharge of the faid in part recited. bend or obligation, that then be the said A. B. his executors, adminiitrators or assigns, shall and will, after such payment made at the request and at the proper costs
and charges in the law of the said C. D. his executors or' administrators, in due form of law, acknowledge satisfaction upon record of and for the said judgment : And that the said A. B. his exécutors, administrators or afligns, shall not before default be made in payment, as aforesaid, sue forth or take out any writ or process of execution against the said C. D. his heirs, executors or administrators, or his or their lands, tenemients, goods or chartels, or any of them, by or upon
the faid judgment. Scaled, &c.
N Exchange is where a person being seized or poffeffcd
of certain lands, and another person of other lands, exchange their interests, fo that each shall have the other's lands. Both the eltates granted mult be equal, as fee simple for fee fimple, life for life, a term for the like term, &c. yet the things exchanged need not be of one nature or equal in value. Lit. 63, 64
Co. Lit. 50, 51: In every exchange is implied a condition of re-entry upon the lands given in exchange, if either of the parties is evicted of the land granted hiru, or any part thereof. 4 Rep. 121.
An Exchange of Lands for a Term of Tears, HIS indenture made
between E. T. of of the one part, an'i G. HI. of of the other part, witnesēth, that the said E. F. batis given, grantet, bargained and fold, and ty these presents doth grani, bargain and fell unto the said G. H. his executors, acrinietrators and assigns, All that meliuage or tenement with the appurtenances, situate i together [See Leases for the general words to be used on a demise of boulés. ] 70 kave and to hold the faid mesluage or tenenient and promisis above mentioned, with the appurtenances, unto the fvid G. H. bis executors, administrators and assigns, from the
Jast past, before the day of the date hereof, for and during, and unto the full end. and term of ninety-nine years, from thence next ensuing, and fully to be complete and ended, if he the said E. F. and G. H. shall so long live, in exchange for one other messuage fituated by the said G. H. granted to the said E. F. his executors, administrators and assigns, as hereinafter mentioned. And this indenture further witneeth, that the said G. H. in consideration of the said bargain and sale so made unto him the tiid G. H. by the said E. F. as aforesaid, hath given, granted, bargained and sold, and by these presents dath grant, bargain and fell unto the faid E. F. bis executors, administraiors and affigr:s, All the said messuage or tenement, with the appurte nances last above inentioned, together (See as before diredied.) To have and to hold the faid lait mentioned mefsuage or tenement and premifts, with the appuitenances, unto the faid E. F. his executors, administrators and assigns, from the fail
laft past, for and during and unto the full end and term of nineiy-nine years, from thence next ensuing, and fully to be complete and ended, if the said G. H. and E. F. shall so long live, in exchange for the faid messuage, &c. first above mentioned to be granted by the said E F. to tie said G. H. in exchange, as aforesaid. And the: faid E, F. for hims:lf, his heirs, executors and administrators, doth covenant, grant and agree to and with the said G. H. his executurs, administrators and assigns, that he the said G. H. his executors, administrators and alligns, shall and may from to time, and at all times hereafter, during the fait torm hereby granted by the said E. F. as aforesaid, peaceably and quietly have, hold, occupy, possess and enjoy the fail mesfuage, &c. and other the premises first above mention. ed, with the appartenances, without the let, fuit, trouble, hindrance, molcftationi, interruption, eviction, or disturbance or bim the said E. F. his executors or administrators, or any of them, or of or from any other person or persons whomso. ever, lawfully claiming or to claim, by, from or under hiin, them or any of them. And the said G. H. for himself, &c. ( Here infert from G. H. to E. F. the like covenant with the bull, as to the quiet enjoyment of the last mentioned mellnago, cc. fold by bin) Provided always, nevertheless, and these presents are upon this condition, and it is the true intent and nicaning of the partics hcrconto, that if it fall happen that